ABC News: Xavier Martin
)A Northern Territory police officer has had no conviction recorded after he was found guilty of aggravated assault during an arrest in Alice Springs.
Judge Sarah McNamara told the Alice Springs Local Court 41-year-old Benjamin Skene's "malice" during the September 2018 arrest was the result "a considerable degree of provocation".
Yesterday Judge McNamara found the officer guilty of aggravated assault for using capsicum spray on a man while he was handcuffed and in custody in the back of a police van.
Judge McNamara told the court the prisoner had verbally abused and spat on Skene in the minutes before he used the capsicum spray.
"[Skene] demonstrated considerable patience with [the prisoner] at first ... unfortunately that patience wore thin," she said.
"After [the prisoner] persisted with what I think are disgusting insults directed at you, you snapped.
"Of course that is no excuse … and certainly outside the scope of your power as a police officer."
ABC News: Samantha Jonscher
)Judge McNamara said in her sentencing that police officers were trusted members of society who are in a "particular position of authority and power," and entrusted with potentially lethal weapons.
The court heard that after using the spray, Skene immediately tried to assist the prisoner.
Skene organised water for the man to use on his injuries and he drove the man back to the watch house immediately, the court heard.
Three character references were submitted to the court by Skene's defence team.
Judge McNamara told the court that she understood that his offending was "a complete aberration" and that he was a "man of prior exceptional behaviour".
The court heard that in the two-and-a-half years since the assault no similar incidents had been recorded.
Skene has been on restricted duties with NT Police.
